Vodka Maker Argues Against MDL in “Handmade” Labeling Dispute

Fifth Generation, Inc., maker of Tito’s® Handmade Vodka, has filed an opposition to a motion to consolidate eight proposed class actions alleging the vodka is mislabeled as “handmade” because it is manufactured with an automated process. In re Tito’s Handmade Vodka Mktg. & Sales Practices Litig., MDL No. 2634 (J.P.M.L., motion filed April 28, 2015). The company argues that the eight lawsuits are in seven jurisdictions and include claims based on the laws of several different states. Further, several of its motions to dismiss are already fully briefed, Fifth Generation says. If the panel determines that multi-district litigation (MDL) is appropriate, the company argues that the Western District of Texas or the Northern District of Florida would be venues better suited for the litigation than the proposed Southern District of California because the average duration of cases in California is longer than in the former two jurisdictions.

Issue 563